What is a Personal Injury Claim and What Are the Most Common Causes of Personal Injuries?
Personal injury is an element of civil law. When you are injured as the result of the negligence or carelessness of another, you may have a personal injury claim. When you file a legal claim for a personal injury, you can secure compensation for:
- Medical expenses associated with your physical injuries
- Future medical expenses related to your physical injuries
- Rehabilitation costs
- Lost wages
- Future lost earnings
- Pain and suffering
- Mental and emotional distress
- Loss of enjoyment of life
- Property damage
Some of the most common personal injury claims can come as a result of the following:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian and bicycle accidents
- Slip and fall accidents
- Dog bites
- Swimming pool accidents
Some of the legal aspects of a personal injury claim may include the statute of limitations and proving liability. In the state of Colorado, the statute of limitations is two years for personal injury and three years for car accidents from the date of the accident. This means you must settle or file suite by the statute of limitation, otherwise you could be barred from ever filing a claim.
There are certain exceptions to the statute of limitations, so even if you think you’ve exceeded your window of time, speak to your Brighton personal injury attorney from the Law Offices of Dianne Sawaya. Liability must be shown by showing the defendant had a duty of care, breached that duty of care, and that your injuries and damages are the direct result of that breach of duty of care.
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Where Do You Turn When You’ve Suffered a Personal Injury?
No matter what type of injury you suffer in a Brighton accident, it is essential that you work with a qualified injury attorney. The complexities associated with recovering damages for your injuries can be difficult to navigate on your own. An experienced attorney from the Law Offices of Dianne Sawaya is ready to help you right now. The defendant’s insurance company is well-versed in different tactics to ensure they pay you the least amount possible for your injuries. Attorney Dianne Sawaya will be a fierce advocate for you, ensuring you get the maximum amount for your losses.
Dianne understands what a stressful, anxiety-filled time this is for you. You may be unable to return to work and make a living, therefore, unable to pay your normal monthly expenses. Your medical bills may be increasing exponentially, making you wonder how you will ever be able to pay them—and how you will continue receiving the medical attention you need. Once you have filed a personal injury claim against the negligent party, you can expect to be compensated for your injuries and other damages.
If you are ready to have an advocate in your corner who will work hard on your behalf to secure a full and fair settlement, you need to speak to attorney Dianne Sawaya. The Law Offices of Dianne Sawaya offers you the following:
- Our firm has more than 200 positive Google reviews
- Attorney Dianne Sawaya has devoted the last two decades to securing fair personal injury settlement for her clients
- You are charged no attorney’s fees unless you receive a settlement
- Our firm will help you get the medical treatments you need to get better, and the settlement you deserve
- A consultation with the Law Offices of Dianne Sawaya is always 100 percent free
- Our attorneys are compassionate, aggressive, and experienced and will always work to achieve your best interests
The days, weeks, and months following a personal injury can be tough. Dianne Sawaya and her knowledgeable legal team will help you face the future and get your life back on track.
About Brighton, Colorado
Brighton is a home rule municipality city with approximately 40,000 residents, located 20 minutes northeast of downtown Denver. Brighton offers laid-back suburban life with easy access to big city amenities. Located on the banks of the South Platte River, Brighton has striking views of the mountains. Despite being known as a suburb of Denver, Brighton is full of cultural and historical attractions. Each year, residents and visitors alike look forward to the Adams County Fair, featuring a tomato-throwing contest.
Brighton is located in both Adams and Weld Counties and serves as the county seat of Adamas County. Brighton was named after Brighton Beach, NY, founding in the 1870s as a farming community and a stage/railroad depot. Originally named Hughes Station, Brighton was incorporated in 1887.
Today, Brighton is home to two Vestas manufacturing plants, a wind turbine blade factory, and the Prairie Center—a 396-acre shopping center. Near Brighton is The Wild Animal Sanctuary—a 789-acre refuge for animals rescued from illegal captivity. Barr Lake State Park in Brighton combines water with beautiful nature trails. As a popular fishing spot, the lake is also open to boaters, while hikers enjoy the 12 miles trails in the park, including an 8.8-mile trail that circles the lake and is open to cyclists and horseback riders as well. Like any city in the U.S., Brighton residents can be involved in accidents that require a personal injury lawsuit.
What If I Was Partially at Fault for My Accident?
The state of Colorado is a modified comparative negligence state—often known as the 50 percent rule. This means that even if you are up to 49 percent liable for the accident, you can still file against the other person for negligence. If both parties were at least partially liable for the accident, the court will assign a percentage of blame to each party. Anyone that is 50 percent or more to blame for an accident may not receive compensation.
Many details can affect the percentage of fault assigned to each party. Perhaps you were not wearing as seatbelt, which made your injuries more severe. Or perhaps someone ran a red light, hitting you, but you were exceeding the speed limit. If you are found to be 20 percent at fault, then the amount you are awarded in damages would be reduced by 20 percent.
How Long Will It Take to Settle My Personal Injury Claim?
Personal injury claims rarely go to trial. Most are settled after much negotiation with the defendant’s insurance company. As soon as you have chosen a Brighton personal injury attorney, they can immediately begin negotiations with the insurance company. Insurers simply have more respect for an accident victim who is well-represented. In rare cases, if the insurance company does not want to pay you a fair settlement amount, your attorney may file a lawsuit and a trial date will be set.
Even so, many personal injury claims that are headed to trial will settle before they actually make it into the courtroom, or even right before the jury announces their verdict. Settlement negotiations can take many months, depending on whether the insurance company is willing to agree to a fair amount. A personal injury claim that actually goes to trial can take a year, or even more. The courts are backed up, and it can take a significant amount of time to get a court date.
How Long Will It Take Following a Settlement Agreement to Get My Check?
Once your Brighton accident attorney has negotiated a fair, full settlement on your behalf, and you have signed off on it, the Law Offices of Dianne Sawaya will make every effort to get you your settlement check as soon as possible.
What is a Settlement Release?
Once a settlement agreement has been reached, you will be asked to sign a legally binding document that agrees to end the dispute and dismiss all claims. The release of all claims form releases the defendant and their insurer from liability, meaning that once you accept the settlement, you cannot pursue further legal action. This form may also be known as a liability waiver form.
Whatever it’s called, a release form will contain identification of the parties involved, details associated with the accident, your claims, details of the payment, and the laws and enforceability of the agreement. You are unlikely to receive a check until you have signed this form. If you’ve had an attorney throughout your claim, they will ensure the release form is correct. If you do not have an attorney, you should definitely seek legal advice prior to signing the release. Once the release form is signed, you can no longer make any additional claim.
How an Experienced Brighton Personal Injury Attorney from the Law Offices of Dianne Sawaya Can Help
At the Law Offices of Dianne Sawaya, we understand that your personal injury situation is unique. Because of this, we provide highly personalized attention to each and every client—and will do the same for you. You may be entitled to payment for medical expenses, lost current and future wages, pain and suffering and more.
When you have a smart, highly-skilled, experienced Brighton personal injury attorney from the Law Offices of Dianne Sawaya by your side, you can rest easy, knowing you are being taken care of and protected. Don’t wait, hoping everything will turn out for the best. In fact, without a zealous attorney by your side, that is highly unlikely. Attorney Dianne Sawaya is ready to help you right now. Contact the Law Offices of Dianne Sawaya today.